Expansion of the compulsory licensing doctrine? Image Technical Services, Inc. v. Eastman Kodak Co

Article Abstract:

The United States Court of Appeals for the 9th Circuit in Image Technical Services, Inc. v. Eastman Kodak Co. imposed a duty on Kodak to license its valid patents on service parts. The court's subjective intent standard conflicts with the objectively-based standard adopted by the Supreme Court in Professional Real Estate Investors, Inc. v. Columbia Pictures Industrial, Inc. The subjective intent analysis enables anyone to sue a patent holder who refuses to license. The discovery stage of a lawsuit will be the earliest time for a decision on whether licensing should or should not be compelled.

Compulsory licensing of patents, Compulsory patent licensing

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Re-defining the appropriateness of class certification in antitrust cases

Article Abstract:

The US District Court for the Southern District of Iowa erred in granting class certification in Bathke v. Casey's General Stores to a class of plaintiffs alleging predatory pricing. The Court granted certification to a group of independent gas station owners despite the fact that the plaintiffs' claims lacked a commonality of evidence. To successfully show predatory pricing, separate evidence of predation would be needed for each of the small-town markets involved. This case demonstrates that antitrust claims are particularly ill-suited to class action litigation.

Gasoline Stations, Gasoline service stations, Class actions (Civil procedure), Class action lawsuits, Service stations (Automotive), Case Note, Price cutting

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"Formalistic line drawing": exclusion of unauthorized services from single brand aftermarkets under Kodak and Sylvania

Article Abstract:

The Supreme Court, in Eastman Kodak Co. v. Image Technical Services, held that a partially integrated manufacturer who bars its distributors from supplying independent servicers violated the affirmative duty to deal imposed by the Sherman Act. The Court thus extended the duty to deal requirement of Continental T.V., Inc. v. GTE Sylvania, Inc. to apply to companies lacking intrabrand market power. This extension is untenable and reflects a false distinction between the two cases.

Vertical integration

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